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Irrigated Agriculture Improvement Project: Canal 15 Subproject – Takeo Province Due Diligence Report on Resettlement

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Irrigated Agriculture Improvement Project: Canal 15 Subproject – Takeo Province Due Diligence Report on Resettlement Irrigated Agriculture Improvement Project (RRP CAM 51159-002) Due Diligence Report on Resettlement Draft August 2019 Cambodia: Irrigated Agriculture Improvement Project Canal 15 Subproject – Takeo Province Prepared by the Ministry of Water Resources and Meteorology for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 8 August 2019) Currency unit – riel (KR) KR 1.00 = $0.00024 $1.00 = KR 4,090 ABBREVIATIONS ADB – Asian Development Bank AHs – Affected Households DIMDM – Department of Internal Monitoring and Data Management DMS – Detailed Measurement Survey DPs – Displaced Persons EA – Executing Agency FWUC – Farmer Water User Community GDR – General Department of Resettlement GRM – Grievance Redress Mechanism IOL – Inventory of Losses IRC – Inter-ministerial Resettlement Committee IRC-WG – Inter-ministerial Resettlement Committee-Working Group LAR – Land Acquisition and Resettlement LARP – Land Acquisition and Resettlement Plan MEF – Ministry of Economy and Finance MOWRAM – Ministry of Water Resources and Metrology O&M – Operation and Maintenance PDWRAM – Provincial Department of Water Resources and Meteorology PIB – Project Information Booklet PMIC – Project Management and Implementation Consultant PMU – Project Management Unit PRSC – Provincial Resettlement Sub-Committee PRSC-WG – Provincial Resettlement Sub-Committee Working Group RCS – Replacement Cost Study RDDR – Resettlement Due Diligence Report RGC – Royal Government of Cambodia ROW – Right-of-Way RP – Resettlement Plan SES – Socio-Economic Survey TRTA – Transaction Technical Assistance NOTES In this report, "$" refers to United States dollars. This due diligence report on resettlement is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. GLOSSARY Compensation Refers to payment in cash or in kind for an asset or resource that is acquired or affected by the Project at the time the asset needs to be replaced. All compensation is based on the principle of replacement cost, which is the method of valuing assets to replace the loss at current market rates, plus any transaction costs such as administrative charges, taxes, registration and titling costs. Consultation A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis at different stages of the project and land acquisition and involuntary resettlement cycle; (ii) provides timely disclosure of relevant and adequate information in the language that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion with due regard to cultural norms; and (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures and implementation issues. Cut-off Date Date established by RGC that establishes the eligibility for receiving compensation and resettlement assistance by the project affected persons. Displaced Person Any person who is physically displaced (relocation, loss of residential land or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources or means of livelihood) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Economic Refers to loss of land, assets, access to assets, income sources, or Displacement/Economic means of livelihood as a result of (i) involuntary acquisition of land, or (ii) loss involuntary restrictions on land use or on access to legally designated parks and protected areas. Entitlement Resettlement entitlement with respect to a particular eligibility category are the sum total of compensation and other forms of assistance provided to affected persons in the respective eligibility category. Income Refers to re-establishing productive livelihood of the DPs to enable Restoration/Income income generation equal to or, if possible, better than that earned by the support DPs before the resettlement or of pre-project levels. Involuntary Resettlement Refers to when displaced people have no right to refuse land acquisition or restrictions on land use by the state that result in their displacement which occurs when land is acquired through expropriation by invoking the eminent domain power of the state. Land Acquisition Refers to the process whereby individual, household, firm or private institution is compelled by a public agency to alienate all or part of the land it owns or possesses to the ownership and possession of that agency for public purposes in return for compensation at replacement costs. Physical Refers to relocation due to loss of residential land, or loss of shelter and Displacement/Physical /or business as a result of (i) involuntary acquisition of land; or (ii) loss involuntary restrictions on land use or on access to legally designated parks and protected areas. Replacement Cost Replacement cost involves replacing an asset, including land, at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, interest accrued, transitional and restoration costs, and any other applicable payments, if any. Depreciation of assets and structures should not be taken into account for replacement cost. Where there are no active market conditions, replacement cost is equivalent to delivered cost of al building materials, labour cost of construction, and any transaction or relocation costs. Replacement Cost Study This refers to the process involved in determining replacement costs of affected land or other assets based on empirical data. Vulnerable groups These are distinct groups of displaced persons who are likely to be more adversely affected than others and who are likely to have limited ability to re-establish their livelihoods or improve their status and comprise of: (i) households living below the national poverty line established by the Royal Government of Cambodia, (ii) female headed households with dependents living below the poverty line, (iii) disabled headed households, (iv) elderly headed households with no other means of support, and (v) indigenous people. CONTENTS EXECUTIVE SUMMARY ........................................................................................................................ 8 I. INTRODUCTION ............................................................................................................................. 1 1. The Irrigated Agriculture Improvement Project ....................................................................... 1 2. Canal 15 Subproject ................................................................................................................ 1 II. FIELD-WORK AND PUBLIC CONSULTATIONS ........................................................................... 3 1. Field-work ................................................................................................................................ 3 2. Public Consultations ................................................................................................................ 3 III. SCOPE OF LAND ACQUISITION AND INVOLUNTARY RESETTLEMENT ................................. 7 1. Impacts on Land ...................................................................................................................... 7 2. Temporary Impacts ................................................................................................................. 9 IV. INFORMATION DISCLOSURE, PARTICIPATION AND CONSULTATION ................................. 11 1. Information Disclosure and Consultation Carried-out ........................................................... 11 2. Consultation and Information Disclosure Plan during Subproject Implementation Process . 14 3. Post-Project Implementation ................................................................................................. 14 4. Information Disclosure .......................................................................................................... 15 V. GRIEVANCE REDRESS MECHANISM ........................................................................................ 15 VI. LEGAL FRAMEWORK, COMPENSATION AND ENTITLEMENT POLICY.................................. 18 1. Objectives .............................................................................................................................. 18 2. The Legal Basis, Compensation and Entitlements ............................................................... 18 VII. INSTITUTIONAL ARRANGEMENTS ............................................................................................ 27 VIII. RESETTLEMENT BUDGET .......................................................................................................... 31 IX. INTERNAL MONITORING AND REPORTING ............................................................................. 32 APPENDICES ..........................................................................................................................................
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